A Co Leitrim man secured a temporary High Court order yesterday preventing Eircell Ltd from carrying out construction of a 100 foot-high telecommunications mast near Ballinamore.
Mr Michael O'Donnell, for Mr John Toolan, of High Street, Ballinamore, said An Bord Pleanala had refused to consider Mr Toolan's appeal against Leitrim County Council's decision to grant planning permission for the mast at Tully, Ballinamore. Mr O'Donnell said Mr Toolan obtained leave last November to seek an order, by way of judicial review, quashing An Bord Pleanala's decision. Leave was also given to seek a declaration that the appeal to An Bord Pleanala against the council's decision was lodged on time.
Work had begun at the site last Friday and Mr Toolan was seeking an order to prevent the work continuing. The granting of leave for judicial review should have acted as an order to restrain Eircell carrying out the work, counsel argued.
Mr O'Donnell said the only argument that could be made against Mr Toolan's claim was Eircell's claim to have valid permission.
However, Eircell had breached that permission, he said, because it was a condition that before the mast was built, a scheme for landscaping the site should have been submitted to the council.
In an affidavit, Mr Toolan, the chairman of the Ballinamore Radiation Awareness and Information Network, said the council had no information that work had begun.
Mr Justice Quirke granted an interim injunction against Eircell which continues until Friday next.